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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17962 Date: 08/05/2025 Commission Meeting Date: 01/08/2026 Type: Ordinance Subject: Amend Code - Chapter 2 - Fees for inspections/Issuance of Certificates Requesting Department: Office of Zoning Sponsored By: District Impacted: All PURPOSE OF ITEM: To update fees listed in Chapter 2 of the City Code titled "Zoning certificate of use required; annual reinspection of buildings and premises; fees for inspections and issuance of certificates". BACKGROUND INFORMATION: Updating fees to have expenses incurred by the Office of Zoning certificate of use applications to be covered by fees paid by applicants rather than being subsidized by the City's general fund. Budget Impact Analysis Item is Related to Revenue Item is NOT an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: N/A City Commission Office of Zoning Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission City Commission City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Teri Samuels Tamara Frost Fred Pericles Marie Gouin Asael Marrero Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Amber Ketterer George K. Wysong III Todd B. Hannon Nicole Ewan Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Meeting Department Head Review Budget Analyst Review Budget Review Assistance City Manager Review Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Meeting Meeting Signed by the Mayor Signed and Attested by the City Clerk Rendered Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed 09/11/2025 9:00 AM 09/11/2025 8:52 PM 09/15/2025 2:12 PM 10/09/2025 3:10 PM 10/10/2025 10:35 AM 10/10/2025 10:39 AM 10/10/2025 4:40 PM 10/13/2025 5:01 PM 10/14/2025 9:51 AM 10/14/2025 12:11 PM 10/23/2025 9:00 AM 12/11/2025 9:00 AM 01/08/2026 9:00 AM 01/12/2026 5:59 PM 01/12/2026 6:24 PM 01/12/2026 6:25 PM City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 City of Miami Legislation Ordinance Enactment Number:14431 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17962 Final Action Date: 1/8/2026 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT," MORE PARTICULARLY BY AMENDING SECTION 2-207 OF THE CITY CODE, TITLED "ZONING CERTIFICATE OF USE REQUIRED; ANNUAL RE -INSPECTION OF BUILDINGS AND PREMISES; FEES FOR INSPECTIONS AND ISSUANCE OF CERTIFICATES," TO UPDATE THE INSPECTION AND SERVICE FEES FOR ZONING CERTIFICATES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2 of the Code of the City of Miami, Florida, as amended ("City Code"), provides the fee schedule for Zoning Certificate matters, including the inspection and service fees for Certificates of Use and Accessory Use Certificates; and WHEREAS, the City of Miami ("City") wishes to update fees to have expenses incurred by the Office of Zoning in processing certificate applications to be covered by fees paid by applicants rather than being subsidized by the City's general fund; and WHEREAS, these fees are charged in exchange for a particular governmental service; the services benefit the party paying the fee in a manner not shared by other members of society; and the fees are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge; and WHEREAS, the updated fees ensure that City costs do not exceed the fees charged to applicants for services, but are calibrated to more closely recover actual costs; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on October 8, 2025, following an advertised hearing, adopted Resolution No. PZAB-R-25-062, by a vote of eight to zero (8-0), recommending approval of this ordinance to the City Commission; and WHEREAS, it has been determined that the updated fee schedule is fair and reasonable; commensurate to the services provided; and essential for the continued provision of high -quality services focusing on the public's health, safety and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 Section 2. Chapter 2 of the City Code is amended in the following particulars:1 "CHAPTER 2 ADMINISTRATION" ARTICLE IV. DEPARTMENTS DIVIONS 2. PLANNING, BUILDING AND ZONING DEPARTMENT * * * Sec. 2-207. - Zoning certificate of use required; annual reinspection of buildings and premises; fees for inspections and issuance of certificates. (a) Inspection and service fees for certificate of use. All persons applying for a certificate of use shall pay a $50.00 application fee, which shall be credited towards any final fees upon completion of the certificate of use application process, as well as the following inspection and service fees: (1) Residential, other than single-family residence or two-family housing, as defined by Miami 21. a. Three to 12 units: $263.00 $313.00 b. Each additional unit: $21.00 $25.00 (2) Lodging as defined by Miami 21. a.....First 12 units or less: $263.00 $313.00 b.....Each additional unit: $21.00 $25.00 (3) Office as defined by Miami 21. a. First 2,000 square feet or less: $263.00 $313.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $53.00 $63.00 (4) Commercial as defined by Miami 21. a. First 2,000 square feet or less: $263.00 $313.00 b. Each additional 1,000 square foot or part thereof in excess of 2,000 square feet: $53.00 $63.00 (5) Civic as defined by Miami 21. 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 a. First 1,000 square feet or less: $53.00 $63.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $26.00 $31.00 (6) Civil support as defined by Miami 21. a. First 2,000 square feet or less: $263.00 $313.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $53.00 $63.00 (7) Educational as defined by Miami 21. a. First 1,000 square feet or less: $105.00 $125.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $26.00 $31.00 (8) Industrial as defined by Miami 21. a. First 2,000 square feet or less: $263.00 $313.00 b. Each additional 1,000 square foot or part thereof in excess 2,000 square feet: $53.00 $63.00 (9) Miscellaneous. All uses not previously covered by this section shall be assessed a fee as provided for in "Commercial," subsection (a)(4). (10) Sharing by a sublessee office space approved under an existing certificate of use (excluding sharing a coworking or virtual offices): $105.00 $125.00 (11) Amendment to an existing CU not requiring inspections: $105.00 $125.00 (12) If a certificate of use is revoked, the building, unit or space in which the revocation occurs is subject to a fee of $500.00 prior to approval of a new certificate of use. {12) Transfer. A transfer of the CU is permissible upon payment of the fee below and only whcn thcrc has bccn a bona fide sale and transfer of the property s and ple y in a bi usines s s de and net otherwise• ci'a-arrcrer��prvy err ��$-���t�C tram. arra-nvc-v crr��wr.�� provided that the seller of the busine-s shall present the CU to the zoning office and finance department with an endorsement assigning all right, title and interest to the purchaser rind the pf irchaser shall prods ice a properly executer! bill of sale showing the transfer of stock from the person to the purchaser: $263.00 {13) Change of name. A building or premises or part thereof shall be required to obtain a new CU when a change in the name of the business or entity occupying space therein has occurred. However, if no changc in the usc has occurred, the following fee will apply: $263.00 (13) Certificates of Use shall include the following information: the specific address, business name, corporate name, and the type(s) of business for which it was issued. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 In the event of a new Certificate of Use, which requires City field inspections, the full fees outlined in City Code, Section 2-207 shall apply. These fees are applicable in the following circumstances: a. Changes in the business name, ownership, use, address, folio number, or Federal Employer Identification Number (FEIN). b. Expansion or reduction of the square footage occupied by the business. c. Inclusion of additional uses or the exclusion of previously approved uses, regardless of any approved use that still remains. d. Any changes to the structure that have been approved by a final building inspection. (14) Issuance of a Temporary Certificate of Use shall be subject to a fee of $250.00. Renewal of a Temporary Certificate of Use shall be subject to a fee of $50.00 per renewal. (b) Certificates of use for new buildings and premises and for change of use. (1) No new buildings or premises or part thereof and no existing building or premises when there has been a change of use in said building or premises, except one- and two-family residences, shall be occupied until a zoning certificate of use shall have been issued by the zoning office. Certificates of use shall not be issued until the premises have been inspected and found to comply with all code requirements of the zoning office, fire -rescue department and such other agencies as may have jurisdiction. All applications for certificates of use shall expire 90 working days from the date of application if approval is not received for issuance of a certificate, unless the space is under construction with a valid building permit and approvals cannot be made until work is completed. a. Buildings designed or proposed to be used as office buildings shall require one zoning certificate of use for each separate office tenant and one for each commercial use activity contained therein, provided that for coworking or virtual offices, only one certificate of use is required. Each separate office tenant in existing office buildings not having an individual certificate of use on the effective date of this section must obtain one prior to the renewal of its city local business tax receipt. b. Apartment buildings, hotels, and other multiple -residential occupancies containing three or more units and occupied only by residential tenants shall require one zoning certificate of use per building. c. Apartment buildings, hotels, and other residential occupancies containing commercial tenants shall require additional zoning certificates of use for each commercial use activity contained therein. d. Industrial buildings containing one tenant shall require a single zoning certificate of use. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 e. Industrial and commercial buildings containing more than one tenant shall require a zoning certificate of use for each tenant. f. Buildings with common areas including but not limited to hallways, elevators, and lobbies, shall have a separate shell certificate of use. (2) Upon the issuance of a zoning certificate of use for a building or premises, an annual inspection schedule will be established and annual inspections will be conducted thereafter. (3) Annual inspections will be conducted to determine that each building or premises complies with the regulations established in the city zoning ordinance, building code, fire code, health regulations, and such other regulations that may apply to the particular building or premises. (c) Annual reinspection of buildings and premises. (1) Annual reinspection certificates will be issued, and each existing use or premises shall be inspected annually to determine that it complies with the provisions of applicable ordinances and regulations. (2) The owner will be notified of any deficiencies noted, and appropriate reinspections may be made to determine that the deficiencies have been corrected. (3) With the exception of life -safety facilities (which may be from time to time required to be upgraded by the provisions of the Florida Building Code or the Florida Fire Prevention Code), only those regulations which were in effect at the time a particular occupancy or use was established will be applicable. (4) The invoice for the issuance of the annual reinspection certificate will be billed during the fiscal year and said fees are herein fixed as follows: a. Residential, other than single-family residence and two-family housing, as defined by Miami 21: 1. Three to 12 units: $53.00 $63.00 2. 13 to 50 units: $74.00 $88.00 3. Each additional unit: $2.50 $3.00 b. Lodging as defined by Miami 21: 1. First 12 units or less: $53.00 $63.00 2. 13 to 50 units: $74.00 $88.00 3. Each additional unit: $2,50 $3.00 c. Office as defined by Miami 21: 1. Less than 500 square feet: $42.090 $50.00 2. 500 square feet or more but less than 2,500 square feet: $53.00 City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 $63.00 3. 2,500 square feet or more but less than 5,000 square feet: $63.00 $75.00 4. 5,000 square feet or more but less than 15,000 square feet: $7/1.00 $88.00 5. 15,000 square feet or more but less than 25,000 square feet: $8/1.00 $100.00 6. 25,000 square feet or more but less than 50,000 square feet: $95.00 $113.00 7. 50,000 square feet or more: $105.00 $125.00 d. Commercial as defined by Miami 21: 1. Less than 500 square feet: $/12.00 $50.00 2. 500 square feet or more but less than 2,500 square feet: $53.00 $63.00 3. 2,500 square feet or more but less than 5,000 square feet: $63.00 $75.00 4. 5,000 square feet or more but less than 15,000 square feet: $7/1.00 $88.00 5. 15,000 square feet or more but less than 25,000 square feet: $8/1.00 $100.00 6. 25,000 square feet or more but less than 50,000 square feet: $95.00 $113.00 7. 50,000 square feet or more: $105.00 $125.00 e. Civic as defined by Miami 21: $79.00 $94.00 f. Civil support, other than hospitals, as defined by Miami 21: 1. Less than 20,000 square feet: $53.00 $63.00 2. 20,000 square feet or more but less than 50,000 square feet: $63.00 $75.00 3. 50,000 square feet or more: $105.00 $125.00 g. Hospitals: 1. 100 beds or less: $131.00 $156.00 2. Each bed over 100: $1.75 $2.10 h. Educational as defined by Miami 21: City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 (5) 1. Less than 10,000 square feet: $79.00 $94.00 2. 10,000 square feet or more but less than 50,000 square feet: $105.00 $125.00 3. 50,000 square feet or more: $131.00 $156.00 i. Industrial as defined by Miami 21: 1. Less than 500 square feet: $/12.00 $50.00 2. 500 square feet or more but less than 2,500 square feet: $53.00 $63.00 3. 2,500 square feet or more but less than 5,000 square feet: $63.00 $75.00 4. 5,000 square feet or more but less than 15,000 square feet: $7/1.00 $88.00 5. 15,000 square feet or more but less than 25,000 square feet: $8/1.00 $100.00 6. 25,000 square feet or more but less than 50,000 square feet: $95.00 $113.00 7. 50,000 square feet or more: $105.00 $125.00 j. Miscellaneous. All uses not previously covered by this section shall be assessed a fee as provided for under "Commercial," subsection (c)(4)d. When a reinspection is required due to continued life safety violations after the second inspection by the department of fire -rescue, there shall be charged a fee of $53.00 $63.00. (6) Any renewal fee specified in subsection (c)(4) above, which is not paid by the due date specified, will be considered delinquent and assessed a penalty of ten percent of the current renewal fee plus an additional five -percent penalty for each month of delinquency thereafter, until paid. However, the total delinquency penalty shall not exceed 25 percent of the certificate of use fee for any annual period. (d) Fees for accessory use certificates. (1) All persons desiring to have a home office as defined in Miami 21 shall apply to the zoning office for an accessory use certificate, which shall be granted upon payment of an annual fee of $79.00 $94.00 to the city and when issued shall be valid through the following September 30. In instances where a person 65 years of age or over is engaged in the conduct of home occupation, there shall be no required payment of an accessory fee in conjunction with the issuance of an accessory use certificate or the subsequent renewal of such certificate. All renewals of accessory use certificates shall be made on the subsequent renewal of such certificate or before October 1 of each calendar year. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 (2) Those owners of private pleasure craft and housebarges on the Miami River shall apply to the zoning office for a housebarge/private pleasure craft accessory use certificate, which subject to inspection and compliance with applicable regulations, shall be granted upon the payment of an annual fee of $263.00 $313.00; all required renewals shall be made on or before October 1 of each year hereafter. (e) Zoning inspection. (f) (1) The city will provide, upon request of the owner or owner's agent, an on -site inspection of properties within the city by the code compliance department to ascertain whether zoning violations openly exist on the real property. (2) The following fee shall be paid prior to each such inspection for each folio number: zoning inspection fee, $8/1.00 $100.00. (3) A report on the results of each such inspection will be issued to the owner or owner's agent and shall only constitute prima facie evidence of compliance/noncompliance with the city's zoning ordinance and shall not be conclusive proof of compliance/noncompliance with said zoning ordinance. (4) Should a zoning violation be observed by a city zoning inspector during the course of an on -site inspection, the property owner will be required to appear before the code enforcement board of the city in regard to such violation no sooner than 30 days after said inspection, except as provided in subsection 2-814(c). There is hereby established a schedule of fees for reviewing plans on new construction and inspecting new construction performed by the department of fire -rescue, except for single-family and duplex residents: (1) Minimum fee: $53.00 $63.00 (2) New building or additions: Each 100 square feet or fractional part of floor area: $1.58 $1.80 (3) New construction other than as specified herein (water towers, pylons, bulk storage -tank foundations, seawalls, bulkheads, unusual limited -use buildings, freestanding rigid canopies, marquees and similar construction): Each $1,000.00 of estimated cost or fractional part: $1.50 $1.80 (4) Alterations and repairs to buildings and other structures: Up to $1,000.00 of estimated cost or fractional part: $5,00 $6.00 Each additional $1,000.00 of estimated cost or fractional part: $1.50 $1.80 (5) Expedited plan review service: Reviews conducted by external entity: Actual cost plus 20 percent. Reviews conducted internally: Per every four hours of review or fraction thereof: $263.00 $313.00 *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026 Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or realtered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after adoption.2 APPROVED AS TO FORM AND CORRECTNESS: 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 17962 (Revision:) Printed On: 1/22/2026